BILL NUMBER: SB 270 CHAPTERED
BILL TEXT
CHAPTER 850
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2014
APPROVED BY GOVERNOR SEPTEMBER 30, 2014
PASSED THE SENATE AUGUST 29, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN ASSEMBLY AUGUST 21, 2014
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN ASSEMBLY MAY 20, 2014
AMENDED IN ASSEMBLY MARCH 27, 2014
AMENDED IN ASSEMBLY FEBRUARY 6, 2014
INTRODUCED BY Senators Padilla, De León, and Lara
(Principal coauthors: Assembly Members Alejo and Dababneh)
(Coauthors: Assembly Members Bonta, Levine, and Pan)
FEBRUARY 14, 2013
An act to add Chapter 5.3 (commencing with Section 42280) to Part
3 of Division 30 of the Public Resources Code, relating to solid
waste, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 270, Padilla. Solid waste: single-use carryout bags.
(1) Existing law, until 2020, requires an operator of a store, as
defined, to establish an at-store recycling program that provides to
customers the opportunity to return clean plastic carryout bags to
that store.
This bill, as of July 1, 2015, would prohibit stores that have a
specified amount of sales in dollars or retail floor space from
providing a single-use carryout bag to a customer, with specified
exceptions. The bill would also prohibit those stores from selling or
distributing a recycled paper bag at the point of sale unless the
store makes that bag available for purchase for not less than $0.10.
The bill would also allow those stores, on or after July 1, 2015, to
distribute compostable bags at the point of sale only in
jurisdictions that meet specified requirements and at a cost of not
less than $0.10. The bill would require these stores to meet other
specified requirements on and after July 1, 2015, regarding providing
reusable grocery bags to customers, including distributing those
bags only at a cost of not less than $0.10. The bill would require
all moneys collected pursuant to these provisions to be retained by
the store and be used only for specified purposes.
The bill, on and after July 1, 2016, would additionally impose
these prohibitions and requirements on convenience food stores,
foodmarts, and entities engaged in the sale of a limited line of
goods, or goods intended to be consumed off premises, and that hold a
specified license with regard to alcoholic beverages.
The bill would allow a retail establishment to voluntarily comply
with these requirements, if the retail establishment provides the
department with irrevocable written notice. The bill would require
the department to post on its Internet Web site, organized by county,
the name and physical location of each retail establishment that has
elected to comply with these requirements.
The bill would require the operator of a store that has a
specified amount of sales in dollars or retail floor space and a
retail establishment that voluntarily complies with the requirements
of this bill to comply with the existing at-store recycling program
requirements.
The bill would require, on and after July 1, 2015, a reusable
grocery bag sold by certain stores to a customer at the point of sale
to be made by a certified reusable grocery bag producer and to meet
specified requirements with regard to the bag's durability, material,
labeling, heavy metal content, and, with regard to reusable grocery
bags made from plastic film on and after January 1, 2016, recycled
material content. The bill would impose these requirements as of July
1, 2016, on the stores that are otherwise subject to the bill's
requirements.
The bill would prohibit a producer of reusable grocery bags made
from plastic film from selling or distributing those bags on and
after July 1, 2015, unless the producer is certified by a 3rd-party
certification entity, as specified. The bill would require a reusable
grocery bag producer to provide proof of certification to the
department. The bill would require the department to provide a system
to receive proofs of certification online.
The department would be required to publish on its Internet Web
site a list of reusable grocery bag producers that have submitted the
required certification and their reusable grocery bags. The bill
would require the department to establish an administrative
certification fee schedule, which would require a reusable grocery
bag producer providing proof to the department of certification or
recertification to pay a fee. The bill would require that all moneys
submitted to the department pursuant to these fee provisions be
deposited into the Reusable Grocery Bag Fund, which would be
established by the bill, and continuously appropriated for purposes
of implementing these proof of certification and Internet Web site
provisions, thereby making an appropriation. The bill would also
require a reusable grocery bag producer to submit applicable
certified test results to the department. The bill would authorize a
person to object to a certification of a reusable grocery bag
producer by filing an action for review of that certification in the
superior court of a county that has jurisdiction over the reusable
grocery bag producer. The bill would require the court to determine
if the reusable grocery bag producer is in compliance with the
provisions of the bill and, based on the court's determination, would
require the court to direct the department to either remove or
retain the reusable grocery bag producer on its published Internet
Web site list.
The bill would allow a city, county, or city and county, or the
state to impose civil penalties on a person or entity that knows or
reasonably should have known it is in violation of the bill's
requirements. The bill would require these civil penalties to be paid
to the office of the city attorney, city prosecutor, district
attorney, or Attorney General, whichever office brought the action,
and would allow the penalties collected by the Attorney General to be
expended by the Attorney General, upon appropriation by the
Legislature, to enforce the bill's provisions.
The bill would declare that it occupies the whole field of the
regulation of reusable grocery bags, single-use carryout bags, and
recycled paper bags provided by a store and would prohibit a local
public agency from enforcing or implementing an ordinance,
resolution, regulation, or rule, or any amendment thereto, adopted on
or after September 1, 2014, relating to those bags, against a store,
except as provided.
(2) The California Integrated Waste Management Act of 1989 creates
the Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account and continuously appropriates the
funds deposited in the subaccount to the department for making loans
for the purposes of the Recycling Market Development Revolving Loan
Program. Existing law makes the provisions regarding the loan
program, the creation of the subaccount, and expenditures from the
subaccount inoperative on July 1, 2021, and repeals them as of
January 1, 2022.
This bill would appropriate $2,000,000 from the Recycling Market
Development Revolving Loan Subaccount in the Integrated Waste
Management Account to the department for the purposes of providing
loans for the creation and retention of jobs and economic activity in
California for the manufacture and recycling of plastic reusable
grocery bags that use recycled content. The bill would require a
recipient of a loan to agree, as a condition of receiving the loan,
to take specified actions.
(3) The bill would require the department, no later than March 1,
2018, to provide a status report to the Legislature on the
implementation of the bill's provisions.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5.3 (commencing with Section 42280) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER 5.3. SINGLE-USE CARRYOUT BAGS
Article 1. Definitions
42280. (a) "Department" means the Department of Resources
Recycling and Recovery.
(b) "Postconsumer recycled material" means a material that would
otherwise be destined for solid waste disposal, having completed its
intended end use and product life cycle. Postconsumer recycled
material does not include materials and byproducts generated from,
and commonly reused within, an original manufacturing and fabrication
process.
(c) "Recycled paper bag" means a paper carryout bag provided by a
store to a customer at the point of sale that meets all of the
following requirements:
(1) (A) Except as provided in subparagraph (B), contains a minimum
of 40 percent postconsumer recycled materials.
(B) An eight pound or smaller recycled paper bag shall contain a
minimum of 20 percent postconsumer recycled material.
(2) Is accepted for recycling in curbside programs in a majority
of households that have access to curbside recycling programs in the
state.
(3) Has printed on the bag the name of the manufacturer, the
country where the bag was manufactured, and the minimum percentage of
postconsumer content.
(d) "Reusable grocery bag" means a bag that is provided by a store
to a customer at the point of sale that meets the requirements of
Section 42281.
(e) (1) "Reusable grocery bag producer" means a person or entity
that does any of the following:
(A) Manufactures reusable grocery bags for sale or distribution to
a store.
(B) Imports reusable grocery bags into this state, for sale or
distribution to a store.
(C) Sells or distributes reusable bags to a store.
(2) "Reusable grocery bag producer" does not include a store, with
regard to a reusable grocery bag for which there is a manufacturer
or importer, as specified in subparagraph (A) or (B) of paragraph
(1).
(f) (1) "Single-use carryout bag" means a bag made of plastic,
paper, or other material that is provided by a store to a customer at
the point of sale and that is not a recycled paper bag or a reusable
grocery bag that meets the requirements of Section 42281.
(2) A single-use carryout bag does not include either of the
following:
(A) A bag provided by a pharmacy pursuant to Chapter 9 (commencing
with Section 4000) of Division 2 of the Business and Professions
Code to a customer purchasing a prescription medication.
(B) A nonhandled bag used to protect a purchased item from
damaging or contaminating other purchased items when placed in a
recycled paper bag, a reusable grocery bag, or a compostable plastic
bag.
(C) A bag provided to contain an unwrapped food item.
(D) A nonhandled bag that is designed to be placed over articles
of clothing on a hanger.
(g) "Store" means a retail establishment that meets any of the
following requirements:
(1) A full-line, self-service retail store with gross annual sales
of two million dollars ($2,000,000) or more that sells a line of dry
groceries, canned goods, or nonfood items, and some perishable
items.
(2) Has at least 10,000 square feet of retail space that generates
sales or use tax pursuant to the Bradley-Burns Uniform Local Sales
and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division
2 of the Revenue and Taxation Code) and has a pharmacy licensed
pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of
the Business and Professions Code.
(3) Is a convenience food store, foodmart, or other entity that is
engaged in the retail sale of a limited line of goods, generally
including milk, bread, soda, and snack foods, and that holds a Type
20 or Type 21 license issued by the Department of Alcoholic Beverage
Control.
(4) Is a convenience food store, foodmart, or other entity that is
engaged in the retail sale of goods intended to be consumed off the
premises, and that holds a Type 20 or Type 21 license issued by the
Department of Alcoholic Beverage Control.
(5) Is not otherwise subject to paragraph (1), (2), (3), or (4),
if the retail establishment voluntarily agrees to comply with the
requirements imposed upon a store pursuant to this chapter,
irrevocably notifies the department of its intent to comply with the
requirements imposed upon a store pursuant to this chapter, and
complies with the requirements established pursuant to Section 42284.
Article 2. Reusable Grocery Bags
42281. (a) On and after July 1, 2015, a store, as defined in
paragraph (1) or (2) of subdivision (g) of Section 42280, may sell or
distribute a reusable grocery bag to a customer at the point of sale
only if the reusable bag is made by a producer certified pursuant to
this article to meet all of the following requirements:
(1) Has a handle and is designed for at least 125 uses, as
provided in this article.
(2) Has a volume capacity of at least 15 liters.
(3) Is machine washable or made from a material that can be
cleaned and disinfected.
(4) Has printed on the bag, or on a tag attached to the bag that
is not intended to be removed, and in a manner visible to the
consumer, all of the following information:
(A) The name of the manufacturer.
(B) The country where the bag was manufactured.
(C) A statement that the bag is a reusable bag and designed for at
least 125 uses.
(D) If the bag is eligible for recycling in the state,
instructions to return the bag to the store for recycling or to
another appropriate recycling location. If recyclable in the state,
the bag shall include the chasing arrows recycling symbol or the term
"recyclable," consistent with the Federal Trade Commission
guidelines use of that term, as updated.
(5) Does not contain lead, cadmium, or any other toxic material
that may pose a threat to public health. A reusable bag manufacturer
may demonstrate compliance with this requirement by obtaining a no
objection letter from the federal Food and Drug Administration. This
requirement shall not affect any authority of the Department of Toxic
Substances Control pursuant to Article 14 (commencing with Section
25251) of Chapter 6.5 of Division 20 of the Health and Safety Code
and, notwithstanding subdivision (c) of Section 25257.1 of the Health
and Safety Code, the reusable grocery bag shall not be considered as
a product category already regulated or subject to regulation.
(6) Complies with Section 260.12 of Part 260 of Title 16 of the
Code of Federal Regulations related to recyclable claims if the
reusable grocery bag producer makes a claim that the reusable grocery
bag is recyclable.
(b) (1) In addition to the requirements in subdivision (a), a
reusable grocery bag made from plastic film shall meet all of the
following requirements:
(A) On and after January 1, 2016, it shall be made from a minimum
of 20 percent postconsumer recycled material.
(B) On and after January 1, 2020, it shall be made from a minimum
of 40 percent postconsumer recycled material.
(C) It shall be recyclable in this state, and accepted for return
at stores subject to the at-store recycling program (Chapter 5.1
(commencing with Section 42250)) for recycling.
(D) It shall have, in addition to the information required to be
printed on the bag or on a tag, pursuant to paragraph (4) of
subdivision (a), a statement that the bag is made partly or wholly
from postconsumer recycled material and stating the postconsumer
recycled material content percentage, as applicable.
(E) It shall be capable of carrying 22 pounds over a distance of
175 feet for a minimum of 125 uses and be at least 2.25 mils thick,
measured according to the American Society of Testing and Materials
(ASTM) Standard D6988-13.
(2) A reusable grocery bag made from plastic film that meets the
specifications of the American Society of Testing and Materials
(ASTM) International Standard Specification for Compostable Plastics
D6400, as updated, is not required to meet the requirements of
subparagraph (A) or (B) of paragraph (1), but shall be labeled in
accordance with the applicable state law regarding compostable
plastics.
(c) In addition to the requirements of subdivision (a), a reusable
grocery bag that is not made of plastic film and that is made from
any other natural or synthetic fabric, including, but not limited to,
woven or nonwoven nylon, polypropylene, polyethylene-terephthalate,
or Tyvek, shall satisfy all of the following:
(1) It shall be sewn.
(2) It shall be capable of carrying 22 pounds over a distance of
175 feet for a minimum of 125 uses.
(3) It shall have a minimum fabric weight of at least 80 grams per
square meter.
(d) On and after July 1, 2016, a store as defined in paragraph
(3), (4), or (5) of subdivision (g) of Section 42280, shall comply
with the requirements of this section.
42281.5. On and after July 1, 2015, a producer of reusable
grocery bags made from plastic film shall not sell or distribute a
reusable grocery bag in this state unless the producer is certified
by a third-party certification entity pursuant to Section 42282. A
producer shall provide proof of certification to the department
demonstrating that the reusable grocery bags produced by the producer
comply with the provisions of this article. The proof of
certification shall include all of the following:
(a) Names, locations, and contact information of all sources of
postconsumer recycled material and suppliers of postconsumer recycled
material.
(b) Quantity and dates of postconsumer recycled material purchases
by the reusable grocery bag producer.
(c) How the postconsumer recycled material is obtained.
(d) Information demonstrating that the postconsumer recycled
material is cleaned using appropriate washing equipment.
42282. (a) Commencing on or before July 1, 2015, the department
shall accept from a reusable grocery bag producer proof of
certification conducted by a third-party certification entity,
submitted under penalty of perjury, for each type of reusable grocery
bag that is manufactured, imported, sold, or distributed in the
state and provided to a store for sale or distribution, at the point
of sale, that meets all the applicable requirements of this article.
The proof of certification shall be accompanied by a certification
fee, established pursuant to Section 42282.1.
(b) A reusable grocery bag producer shall resubmit to the
department proof of certification as described in subdivision (a) on
a biennial basis. A reusable grocery bag producer shall provide the
department with an updated proof of certification conducted by a
third-party certification entity if any modification that is not
solely aesthetic is made to a previously certified reusable bag.
Failure to comply with this subdivision shall result in removal of
the relevant information posted on the department's Internet Web site
pursuant to paragraphs (1) and (2) of subdivision (e) for each
reusable bag that lacks an updated proof of certification conducted
by a third-party certification entity.
(c) A third-party certification entity shall be an independent,
accredited (ISO/IEC 17025) laboratory. A third-party certification
entity shall certify that the producer's reusable grocery bags meet
the requirements of Section 44281.
(d) The department shall provide a system to receive proofs of
certification online.
(e) On and after July 1, 2015, the department shall publish a list
on its Internet Web site that includes all of the following:
(1) The name, location, and appropriate contact information of
certified reusable grocery bag producers.
(2) The reusable grocery bags of producers that have provided the
required certification.
(f) A reusable grocery bag producer shall submit applicable
certified test results to the department confirming that the reusable
grocery bag meets the requirements of this article for each type of
reusable grocery bag that is manufactured, imported, sold, or
distributed in the state and provided to a store for sale or
distribution.
(1) A person may object to the certification of a reusable grocery
bag producer pursuant to this section by filing an action for review
of that certification in the superior court of a county that has
jurisdiction over the reusable grocery bag producer. The court shall
determine if the reusable grocery bag producer is in compliance with
the requirements of this article.
(2) A reusable grocery bag producer whose certification is being
objected to pursuant to paragraph (1) shall be deemed in compliance
with this article pending a determination by the court.
(3) Based on its determination, the court shall direct the
department to remove the reusable grocery bag producer from, or
retain the reusable grocery bag producer on, its list published
pursuant to subdivision (e).
(4) If the court directs the department to remove a reusable
grocery bag producer from its published list, the reusable grocery
bag producer shall remain off of the published list for a period of
one year from the date of the court's determination.
42282.1. (a) A reusable grocery bag producer shall submit the fee
established pursuant to subdivision (b) to the department when
providing proof of certification or recertification pursuant to
Sections 42281.5 and 42282.
(b) The department shall establish an administrative certification
fee schedule that will generate fee revenues sufficient to cover,
but not exceed, the department's reasonable costs to implement this
article. The department shall deposit all moneys submitted pursuant
to this section into the Reusable Grocery Bag Fund, which is hereby
established in the State Treasury. Notwithstanding Section 11340 of
the Government Code, moneys in the fund are continuously
appropriated, without regard to fiscal year, to the department for
the purpose of implementing this article.
Article 3. Single-Use Carryout Bags
42283. (a) Except as provided in subdivision (e), on and after
July 1, 2015, a store, as defined in paragraph (1) or (2) of
subdivision (g) of Section 42280, shall not provide a single-use
carryout bag to a customer at the point of sale.
(b) (1) On and after July 1, 2015, a store, as defined in
paragraph (1) or (2) of subdivision (g) of Section 42280, shall not
sell or distribute a reusable grocery bag at the point of sale except
as provided in this subdivision.
(2) On and after July 1, 2015, a store, as defined in paragraph
(1) or (2) of subdivision (g) of Section 42280, may make available
for purchase at the point of sale a reusable grocery bag that meets
the requirements of Section 42281.
(3) On and after July 1, 2015, a store, as defined in paragraph
(1) or (2) of subdivision (g) of Section 42280, that makes reusable
grocery bags available for purchase pursuant to paragraph (2) shall
not sell the reusable grocery bag for less than ten cents ($0.10) in
order to ensure that the cost of providing a reusable grocery bag is
not subsidized by a customer who does not require that bag.
(c) (1) On and after July 1, 2015, a store, as defined in
paragraph (1) or (2) of subdivision (g) of Section 42280, shall not
sell or distribute a recycled paper bag except as provided in this
subdivision.
(2) A store, as defined in paragraph (1) or (2) of subdivision (g)
of Section 42280, may make available for purchase a recycled paper
bag. On and after July 1, 2015, the store shall not sell a recycled
paper bag for less than ten cents ($0.10) in order to ensure that the
cost of providing a recycled paper bag is not subsidized by a
consumer who does not require that bag.
(d) Notwithstanding any other law, on and after July 1, 2015, a
store, as defined in paragraph (1) or (2) of subdivision (g) of
Section 42280, that makes reusable grocery bags or recycled paper
bags available for purchase at the point of sale shall provide a
reusable grocery bag or a recycled paper bag at no cost at the point
of sale to a customer using a payment card or voucher issued by the
California Special Supplemental Food Program for Women, Infants, and
Children pursuant to Article 2 (commencing with Section 123275) of
Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or
an electronic benefit transfer card issued pursuant to Section 10072
of the Welfare and Institutions Code.
(e) On and after July 1, 2015, a store, as defined in paragraph
(1) or (2) of subdivision (g) of Section 42280, may distribute a
compostable bag at the point of sale, if the compostable bag is
provided to the consumer at the cost specified pursuant to paragraph
(2), the compostable bag, at a minimum, meets the American Society
for Testing and Materials (ASTM) International Standard Specification
for Compostable Plastics D6400, as updated, and in the jurisdiction
where the compostable bag is sold and in the jurisdiction where the
store is located, both of the following requirements are met:
(1) A majority of the residential households in the jurisdiction
have access to curbside collection of foodwaste for composting.
(2) The governing authority for the jurisdiction has voted to
allow stores in the jurisdiction to sell to consumers at the point of
sale a compostable bag at a cost not less than the actual cost of
the bag, which the Legislature hereby finds to be not less than ten
cents ($0.10) per bag.
(f) A store, as defined in paragraph (1) or (2) of subdivision (g)
of Section 42280, shall not require a customer to use, purchase, or
accept a single-use carryout bag, recycled paper bag, compostable
bag, or reusable grocery bag as a condition of sale of any product.
42283.5. On and after July 1, 2016, a store, as defined in
paragraph (3), (4), or (5) of subdivision (g) of Section 42280, shall
comply with the same requirements of Section 42283 that are imposed
upon a store, as defined in paragraph (1) or (2) of subdivision (g)
of Section 42280.
42283.6. (a) The operator of a store, as defined in paragraph (1)
or (2) of subdivision (g) of Section 42280 that makes recycled paper
or reusable grocery bags available at the point of sale, shall be
subject to the provisions of the at-store recycling program (Chapter
5.1 (commencing with Section 42250)).
(b) A store that voluntarily agrees to comply with the provisions
of this article pursuant to subdivision (g) of Section 42280, shall
also comply with the provisions of the at-store recycling program
(Chapter 5.1 (commencing with Section 42250)).
42283.7. All moneys collected pursuant to this article shall be
retained by the store and may be used only for the following
purposes:
(a) Costs associated with complying with the requirements of this
article.
(b) Actual costs of providing recycled paper bags or reusable
grocery bags.
(c) Costs associated with a store's educational materials or
educational campaign encouraging the use of reusable grocery bags.
42284. (a) A retail establishment not specifically required to
comply with the requirements of this chapter is encouraged to reduce
its distribution of single-use plastic carryout bags.
(b) Pursuant to the provisions of subdivision (g) of Section
42280, any retail establishment that is not a "store," that provides
the department with the irrevocable written notice as specified in
subdivision (c), shall be regulated as a "store" for the purposes of
this chapter.
(c) The irrevocable written notice shall be dated and signed by an
authorized representative of the retail establishment, and shall
include the name and physical address of all retail locations covered
by the notice. The department shall acknowledge receipt of the
notice in writing and shall specify the date the retail establishment
will be regulated as a "store," which shall not be less than 30 days
after the date of the department's acknowledgment. The department
shall post on its Internet Web site, organized by county, the name
and physical location or locations of each retail establishment that
has elected to be regulated as a "store."
Article 4. Enforcement
42285. (a) A city, a county, a city and county, or the state may
impose civil liability on a person or entity that knowingly violated
this chapter, or reasonably should have known that it violated this
chapter, in the amount of one thousand dollars ($1,000) per day for
the first violation of this chapter, two thousand dollars ($2,000)
per day for the second violation, and five thousand dollars ($5,000)
per day for the third and subsequent violations.
(b) Any civil penalties collected pursuant to subdivision (a)
shall be paid to the office of the city attorney, city prosecutor,
district attorney, or Attorney General, whichever office brought the
action. The penalties collected pursuant to this section by the
Attorney General may be expended by the Attorney General, upon
appropriation by the Legislature, to enforce this chapter.
Article 5. Preemption
42287. (a) Except as provided in subdivision (c), this chapter is
a matter of statewide interest and concern and is applicable
uniformly throughout the state. Accordingly, this chapter occupies
the whole field of regulation of reusable grocery bags, single-use
carryout bags, and recycled paper bags, as defined in this chapter,
provided by a store, as defined in this chapter.
(b) On and after January 1, 2015, a city, county, or other local
public agency shall not enforce, or otherwise implement, an
ordinance, resolution, regulation, or rule, or any amendment thereto,
adopted on or after September 1, 2014, relating to reusable grocery
bags, single-use carryout bags, or recycled paper bags, against a
store, as defined in this chapter, unless expressly authorized by
this chapter.
(c) (1) A city, county, or other local public agency that has
adopted, before September 1, 2014, an ordinance, resolution,
regulation, or rule relating to reusable grocery bags, single-use
carryout bags, or recycled paper bags may continue to enforce and
implement that ordinance, resolution, regulation, or rule that was in
effect before that date. Any amendments to that ordinance,
resolution, regulation, or rule on or after January 1, 2015, shall be
subject to subdivision (b), except the city, county, or other local
public agency may adopt or amend an ordinance, resolution,
regulation, or rule to increase the amount that a store shall charge
with regard to a recycled paper bag, compostable bag, or reusable
grocery bag to no less than the amount specified in Section 42283.
(2) A city, county, or other local public agency not covered by
paragraph (1) that, before September 1, 2014, has passed a first
reading of an ordinance or resolution expressing the intent to
restrict single-use carryout bags and, before January 1, 2015, adopts
an ordinance to restrict single-use carryout bags, may continue to
enforce and implement the ordinance that was in effect before January
1, 2015.
Article 6. Financial Provisions
42288. (a) Notwithstanding Section 42023.2, the sum of two
million dollars ($2,000,000) is hereby appropriated from the
Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account to the department for the
purposes of providing loans for the creation and retention of jobs
and economic activity in this state for the manufacture and recycling
of plastic reusable grocery bags that use recycled content,
including postconsumer recycled material.
(b) The department may expend, if there are applicants eligible
for funding from the Recycling Market Development Revolving Loan
Subaccount, the funds appropriated pursuant to this section to
provide loans for both of the following:
(1) Development and conversion of machinery and facilities for the
manufacture of single-use plastic bags into machinery and facilities
for the manufacturer of durable reusable grocery bags that, at a
minimum, meet the requirements of Section 42281.
(2) Development of equipment for the manufacture of reusable
grocery bags, that, at a minimum, meet the requirements of Section
42281.
(c) A recipient of a loan authorized by this section shall agree,
as a condition of receiving the loan, to retain and retrain existing
employees for the manufacturing of reusable grocery bags that, at a
minimum, meet the requirements of Section 42281.
(d) Any moneys appropriated pursuant to this section not expended
by the end of the 2015-16 fiscal year shall revert to the Recycling
Market Development Revolving Loan Subaccount for expenditure pursuant
to Article 3 (commencing with Section 42010) of Chapter 1.
(e) Applicants for funding under this section may also apply for
funding or benefits from other economic development programs for
which they may be eligible, including, but not limited to, both of
the following:
(1) An income tax credit, as described in Sections 17059.2 and
23689 of the Revenue and Taxation Code.
(2) A tax exemption pursuant to Section 6377.1 of the Revenue and
Taxation Code.
SEC. 2. No later than March 1, 2018, the department, as a part of
its reporting requirement pursuant to Section 40507 of the Public
Resources Code, shall provide a status report on the implementation
of Chapter 5.3 (commencing with Section 42280) of Part 3 of Division
30 of the Public Resources Code.